SCRIPT

Attempted Parricide
People vs. Balbuena
Characters:

Judge : Engr. Jerry Baliola

Prosecution Counsel :
Prosecution Witness : Maribelle M. Villo (Complainant)
Defense Counsel : Camad C. Ali, Jr.
Defense Witness : n/a
Accused : Peter Christian S. Balbuena
Clerk of Court : Nina Trecia Cabag
Interpreter : Nina Trecia Cabag

Setting 1
ARRAIGNMENT
July 08, 2012

All Rise.
The Court is now in session, silence is hereby enjoined. Hon. Jerry
Baliola, Presiding
PRAYER: Almighty God, we stand in your Holy Presence as our
Supreme Judge. We humbly beseech You bless and inspire us so that
Clerk of Court what we think, say and do will be in accordance with your will.
Enlighten our minds, strengthen our spirit, and fill our hearts with
fraternal love, wisdom, and understanding, so that we can be
effective channels of truth, justice and peace. In our proceedings
today, guide us in the path of righteousness for the fulfillment of Your
greater glory. AMEN.
(Stamp gavel) Sit
Judge
Call the case.
Crim. Case No. 101010
Clerk of Court People of the Philippines vs. Peter Christian S. Balbuena
For Attempted Parricide under Art. 246 of the RPC for ARRAIGNMENT
Judge Appearances?
Prosecution Counsel For the Government, Your Honor, ready
Defense Counsel For the defense, ready, Your Honor.
Judge Is the accused present? Ready for arraignment?
Prosecution Counsel Yes, Your Honor, ready.
Judge Okay, arraign the accused.
Sheriff (Assisting the accused to the witness stand)
Clerk of Court What language/dialect do you understand?
Accused English
Please raise your right hand
(Read the information)
Clerk of Court
(After reading, ask the accused if the understood)
Ask for the plea of the accused
Accused NOT GUILTY
Your Honor, after having arraigned, the accused pleaded NOT GUILTY
Clerk of Court
to the crime charged.
Order
Set the Preliminary Conference to July 15, 2012 at 9 o’ clock in the
Judge morning.

So ORDERED.
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Setting 2
PRELIMINARY CONFERENCE
July 15, 2012

REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 03
DUMAGUETE, NEGROS ORIENTAL

THE PEOPLE OF THE PHILIPPINES CRIMINAL CASE NO.101010

Plaintiff,
-versus- FOR: ATTEMPTED PARRICIDE
PETER CHRISTIAN S. BALBUENA in relation to R.A. 9262
Address: Brgy. Banilad,
Dumaguete City, Negros Oriental
Accused,
X-------------------------------------X

PRELIMINARY CONFERENCE
July 15, 2012

For the PROSECUTION For the DEFENSE

Maribelle M. Villo and Peter Christian S. Balbuena
The People

Assisted by: Assisted by:

Pros. Petchrist S. Balbuena II Atty. Camad C. Ali, Jr.

Good Morning Fiscal ---- and Atty. Camad C. Ali, Jr. are we ready for
Clerk of court
the preliminary conference?
Prosecution counsel Yes, we are ready.
Defense counsel Ready, Ma’am.
Clerk of court What is your documentary evidence, Fiscal?
The prosecution would like to present as documentary and object
evidence the following:
1. Exhibit “A and A-1” – the sworn statement of the complainant
MARIBELLE M. VILLO consisting of two pages and its purpose
to prove the material allegations in the information.
2. Exhibit “A-2” – the signature of MARIBELLE M. VILLO.
3. Exhibit “B and B-1” – the sworn statement of Marjory Jane M.
Villo and its purpose to corroborate the allegations of the
witness MARIBELLE M. VILLO.
Prosecution counsel 4. Exhibit “B-2” - the signature of Marjory Jane M. Villo
5. Exhibit “C and C-1” – the Medical Certificate dater December
22, 2012.
6. Exhibit “D” – the contract of marriage between Peter Christian
S. Balbuena and Maribelle M. Villo to prove that they are
legally married.
7. Exhibit “E” – Bolo (object evidence) to prove that this is the
instrument used in the attempt of killing the victim. As part of
the testimony of Maribelle M. Villo, to prove that the accused
had the intent of killing the former.
Clerk of court Any objection from the defense counsel?
Defense counsel As to the purpose of markings only, Ma’am.
Clerk of court How about for the documentary evidence of the defense?
 For the accused, we reserve our evidences during the pre-trial
Defense counsel
conference, if there is any.
Clerk of court Any objection from prosecution counsel?
Prosecution counsel No objection for the meantime, Ma’am.
Clerk of court Okay. How about your witnesses?
As to our witness, we have the private offended party by name of
Prosecution counsel
Maribelle M. Villo.
For the defense, we would like to present the accused Peter Christian
Defense counsel
S. Balbuena.
Clerk of court Is there possibility of settlement, counsels?
Prosecution counsel Very remote.
Defense counsel Not possible.
Clerk of court Stipulation of facts.
The jurisdiction of the Court is admitted.
The victim and the accused are legally married with two legitimate
Prosecution counsel
children is admitted.
The victim is a battered woman is disputed.
The victim’s injury due to hacking is not admitted.
Defense counsel Identity of the accused is admitted.
The weapon used is a bolo is not admitted.
Clerk of court Any more or other matters?
Defense counsel As for now, we have no more things to discuss.
Same here, we reserve to have additional witnesses and evidence
Prosecution counsel
during the pre-trial conference, if there is any.
Clerk of court Okay counsels, when will be the pre-trial conference?
Prosecution counsel On July 22, 2012.
Defense counsel Okay, I am also available on that date.
Okay, July 22, 2012 is the pre-trial conference. Thank you, counsels.
Clerk of court
Have a good day.
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Setting 3
PRE-TRIAL CONFERENCE
July 22, 21012

All rise.
The court is now in session, silence is hereby enjoined, Hon. Jerry
Clerk of court
Baliola, Presiding.
- - - PRAYER - - - -
(Stamp gavel) Sit
Judge
Call the case.
Crim. Case No. 101010
People of the Philippines versus Peter Christian S. Balbuena For
Clerk of court
ATTEMPTED PARRICIDE in relation to R.A. 9262 for PRE-TRIAL
CONFERENCE
Judge Appearances?
Prosecution counsel For the Government, Your Honor, ready.
Defense counsel For the defense, ready, Your Honor.
Your Honor, may we pray that the Minutes of the Preliminary
Prosecution counsel
Conference be adopted as part of the Pre-Trial Conference?
Judge Any objection, counsel?
No objection, Your Honor. We conformed to the manifestation of the
Defense counsel
Prosecutor, Your Honor.
Order
In today’s Pre-Trial Conference, both the prosecution and the defense
Judge
agreed to adopt the minutes taken during the preliminary conference
on September 03, 2012.
 Set this case for trial on July 29, 2012.
SO ORDERED.
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Setting 4 (TRIAL PROPER)
1st WITNESS FOR THE PROSECUTION
July 29, 2012
MARIBELLE M. VILLO

All Rise. Let us remain standing and join in praying for prayer
PRAYER: Almighty God, we stand in your presence as our supreme
judge, we humbly beset you to bless and inspire us so that what we
think, say and do will in accordance with your will. Enlighten our
minds, strengthen our spirit and fill our hearts with fraternal love,
Clerk of Court
justice and peace in our proceedings today, guide us in the path of
righteousness for Your fulfillment of Your greater glory.

WITNESS, the Honorable Judge Jerry Baliola, Presiding. Silence is

hereby enjoined.
(Stamp gavel) Sit
Judge
Call the case.
Crim. Case No. 101010
People of the Philippines versus Peter Christian S. Balbuena for
Clerk of Court
ATTEMPTED PARRICIDE for the presentation of evidence by the
Prosecution.
Judge Appearances?
Entering my appearance for the State, your Honor. We are ready to
Prosecution Counsel
present our witness, MARIBELLE M. VILLO.
Defense Counsel Entering my appearance as counsel for the accused, your Honor.
Judge Okay, present your witness
Prosecution counsel I am presenting to the witness stand the witness, your Honor.
Judge Swear the witness.
Raise your right hand. Do you swear to tell the truth, the whole truth
Interpreter
and nothing but the truth?
Witness (Complainant) I do.
Interpreter Please state your name and other personal circumstances.
(The witness will state demographic variables and other personal
Witness (Complainant)
circumstances)
Interpreter The witness is now ready, your Honor.
Judge Prosecution counsel, your witness is now ready.
With the kind permission of the Honorable Court, we are offering the
testimony of this witness Your Honor to prove the material allegation
in the criminal information and the same person is the private
Prosecution counsel offended party in this case that she knows the accused because they
are husband and wife; to identify the perpetrator and likewise to
identify some documents namely affidavit she executed in relation to
this case and to testify on other matters relative thereto, Your Honor.
Judge Any comment defense counsel to the offer?
Defense counsel We reserve our right to conduct cross-examination, Your Honor.
Judge You may now proceed.
You said in narration of your personal circumstance that your name is
Prosecution counsel
MARIBELLE M. VILLO?
Witness (Complainant) Yes, ma’am. I am the same person.
Madam witness, do you know a person by the name of Christian
Prosecution counsel
Peter S. Balbuena.
Witness (Complainant) Yes, Ma’am.
Prosecution counsel Do you know the accused in this case?
Witness (Complainant) Yes, Ma’am
Prosecution counsel Would you be able to recognize this person if you will see him again?
Witness (Complainant) Yes, Ma’am.
Prosecution counsel Is the accused you are referring to found inside this courtroom?
Witness (Complainant) Yes, Ma’am.
Prosecution counsel Can you please point to the person whom you are referring to?
Witness (Complainant) It’s him. (pointing to the accused)
We would like to manifest on the record that the witness has pointed
Prosecution counsel
a person sitting at the defense table.
Judge A man wearing a Prisoner’s clothes, who answers by the name of?
Witness (Accused) Peter Christian S. Balbuena
Prosecution counsel Why do you know the said accused?
Witness (Complainant) Because the accused is my husband.
Prosecution counsel Do you have any proof that you’re indeed husband and wife?
Witness (Complainant) Yes, Ma’am
Prosecution counsel What is your proof that both of you are legally married?
Witness (Complainant) Our marriage certificate, Ma’am.
Now, part of this case is a certificate of marriage between the
accused and the complainant.
Prosecution counsel Showing to you this marriage certificate, will you kindly tell this
honorable court if this is the same marriage certificate you are
referring to that proves your relationship to the accused?
Witness (Complainant) Yes, Ma’am. This is the proof of our relationship as husband and wife.
May I request the prosecution to admit the genuineness of the said
Prosecution counsel
document.
Defense counsel Yes. We admit.
Your Honor, this marriage certificate was previously marked during
Prosecution counsel the preliminary conference as Exh. “C”. May we pray that the same
marking be adopted, Your Honor.
Judge Mark it accordingly.
Now, Mrs. Witness, can you recall having executed an affidavit in
Prosecution counsel
relation to this case.
Witness (Complainant) Yes, Ma’am.
Showing to you is an affidavit which is part of the records of this case.
Prosecution counsel Will you kindly tell this honorable court if this is the same affidavit
that you executed in relation to this case.
Witness (Complainant) Yes, Ma’am.
Now in this affidavit, on the second page, there is a printed name and
Prosecution counsel above that printed name is a signature.
Will you kindly tell this honorable court whose signature is this?
Witness (Complainant) That is my signature, Ma’am.
Your honor, I would like to manifest that this affidavit was previously
marked during the preliminary evidence as Exh. “A” and page 2 as
Exh. “A-1”. I am adopting the said marking your honor as the same
exhibit.
Prosecution counsel
May I likewise pray your honor that the printed name and the
signature appearing above the printed name which was duly
identified by this witness as her signature be bracketed and marked
as Exh. “A-2”.
Judge Mark it accordingly.
Now Madame witness, you have alleged that your husband hacked
Prosecution counsel
you.
Witness (Complainant) Yes, Sir.
Prosecution counsel When did this happen?
Witness (Complainant) It happened on June 26, 2012.
You mentioned that the incident happened on June 26, 2012, what is
Prosecution counsel the time when you said that you were hacked by your husband
Madame witness?
Witness (Complainant) At around 10 o’ clock in the evening
Can you recall Madame witness where were you sometime in June
Prosecution counsel
26, 2012 at around 10 o’clock in the evening?
Witness (Complainant) Yes, Ma’am
Prosecution counsel And where were you in particular when did the incident took place?
Witness 1 I was in my house with my children getting ready to sleep.
Prosecution counsel What happened next?
I heard my husband shouting at me. He was outside the house trying
Witness (Complainant)
to open the gate.
Prosecution counsel What did you do, if any?
Witness (Complainant) I stood up and opened the door.
Any untoward incident that occurred when you opened the door for
Prosecution counsel
him?
I was shocked and surprised when he came running towards me and
Witness (Complainant) hacked me with his bolo which fortunately, I evaded his strike and
only my chin got injured by the tip of his bolo.
Prosecution counsel Prior to that hacking incident, what else had you observed?
After opening the door, I saw my husband carrying a bolo and was
Witness (Complainant)
running towards me.
Prosecution counsel What else?
Witness (Complainant) His stance was in striking position.
Prosecution counsel If the bolo will be shown to you, will you be able to identify it?
Witness (Complainant) Yes, Ma’am.
I am showing to you a bolo, is this the instrument you are referring to
Prosecution counsel
which your husband used in hacking you?
Witness (Complainant) Yes, Ma’am. This is the one.
May we pray Your Honor that this object evidence be marked as Exh.
Prosecution
“E” as previously marked during the preliminary conference.
Judge Mark it accordingly.
You said you were injured. Did you secure a medical certificate in
Prosecution counsel
relation to that incident?
Witness (Complainant) Yes, Ma’am.
Part of the records of this case is a medical certificate issued in your
Prosecution counsel favor, will you kindly go over this and tell the honorable court if this is
the same medical certificate issued in your favor.
Yes, Ma’am. This is the same medical certificate issued to me right
Witness (Complainant)
after the incident.
May I manifest your honor that this medical certificate was marked
Prosecution counsel during preliminary conference as Exh. “C”. May we pray that the
same marking be adopted.
Judge Mark it accordingly.
Now after you were hit at your chin by the tip of his bolo what did
Prosecution counsel you do?
What happened next?
I rolled down on the ground. I ran with fear trying to escape from my
Witness (Complainant)
husband’s evil intent.
Prosecution counsel What transpired next?
Witness (Complainant) I went to the barangay captain’s house to seek protection.
Prosecution counsel Then?
My sister arrived upon knowing of the incident and asked me if I am
Witness (Complainant)
willing to file a case against my husband.
Madame witness, in relation to this case, do you remember having
Prosecution counsel executed or give your statement to any authority regarding this
matter?
Witness (Complainant) Yes, Ma’am.
Prosecution counsel That would be all, Your Honor.
CROSS-EXAMINATION BY DEFENSE COUNSEL
Judge Cross-examination by the defense?
Defense counsel Just a few questions, Your Honor.
Judge Subject to cross. Proceed.
With the kind permission of this honorable court.
Defense counsel
How many times did your husband physically harm you.
I can’t barely count how many times he beat me. But a lot of times
Witness (Complainant)
since we got married.
Can you recall when was the first time your husband did physically
Defense counsel
harm you?
Witness (Complainant) I cannot recall when was the first time, Sir.
Defense counsel How were you physically harmed by your husband?
Witness (Complainant) By slapping me in the face.
You said here that it caused you physical, psychological and
Defense counsel
emotional abuses. Is it correct?
Witness (Complainant) Yes, Sir.
Now, can you tell us how did your husband physically, psychologically
Defense counsel
and emotionally abuse you?
Witness (Complainant) Shouting and insulting me.
Did you consult any psychiatrist to prove that you are psychologically
Defense counsel
and emotionally abused?
Witness (Complainant) I have not, Sir.
On Dec. 22, 2011 can you recall how were you physically harmed by
Defense counsel
your husband?
I was struck by my husband with the use of his bolo and hit me in my
Witness (Complainant)
chin.
You said that you were harmed by your husband several times. Did
Defense counsel you report any of those physical harm to the police and have it
blathered prior to the filing of this case.
Witness (Complainant) No. I have not, Sir.
Defense Counsel No more further questions, Your Honor.
Judge Re-direct from prosecution?
Prosecution No. That would be all, Your Honor.
Judge Any more witness for the prosecution counsel?
Your Honor, I have no more witness to present. I would like to make
Prosecution counsel
now our formal offer of evidence.
Judge Granted. You may now formally offer your evidence now.
Thank you, Your Honor.
Your Honor, I respectfully offer our evidence as follows:

1. Exhibit “A and A-1” – the sworn statement of the complainant

MARIBELLE M. VILLO consisting of two pages and its purpose
to prove the material allegations in the information.
2. Exhibit “A-2” – the signature of MARIBELLE M. VILLO.
3. Exhibit “B and B-1” – the sworn statement of Marjory Jane M.
Villo and its purpose to corroborate the allegations of the
witness MARIBELLE M. VILLO.
4. Exhibit “B-2” - the signature of Marjory Jane M. Villo
Prosecution counsel
5. Exhibit “C and C-1” – the Medical Certificate dater December
22, 2012.
6. Exhibit “D” – the contract of marriage between Peter Christian
S. Balbuena and Maribelle M. Villo to prove that they are
legally married.
7. Exhibit “E” – Bolo (object evidence) to prove that this is the
instrument used in the attempt of killing the victim. As part of
the testimony of Maribelle M. Villo, to prove that the accused
had the intent of killing the former.

With all the foregoing documentary exhibits in addition to the oral

 testimonies of Maribelle M. Villo, the prosecution hereby respectfully
rests their case.

Respectfully submitted.
Judge Any objection from the defense?
Exhibit “A and A-1”, the sworn statement of the complainant is
objected for being self serving, Your honor.
Defense Counsel Exhibit “C”, the medical certificate is objected because the doctor
who issued the medical certificate was not put to witness stand.
As to other exhibits, no objection, Your Honor.
ORDER
The Prosecution counsel manifested that it has no more witness to
present. The prosecution counsel offered the Exhibits A to E and sub-
Judge
markings. Such exhibits are admitted as prosecution’s evidence
considering that these exhibits are not disqualified under the rules of
evidence.
Defense counsel, Are you ready to present your witness this
Judge
afternoon?
We are not presenting any witnesses, Your Honor; we will submit the
Defense counsel same for judgment of this honorable court.
We, therefore, respectfully rest our case.
Granted.

Considering the manifestation of both counsels, let this case deemed

submitted for decision.
Judge
The parties are given thirty (30) days from today to submit their
respective memoranda to be filed simultaneously.

SO ORDERED.

Setting 5
PROMULGATION OF JUDGMENT
August 30, 2012

All Rise
Clerk of Court
PRAYER
Judge Call the case.
Crim. Case No. 101010
People of the Philippines versus Peter Christian S. Balbuena For
Clerk of Court
ATTEMPTED PARRICIDE in relation to R.A. 9262 for PROMULGATION
OF JUDGMENT.
Judge Appearance?
Prosecution counsel For the Government, Your Honor, we are ready.
Defense counsel For the defense, ready, Your Honor.
Judge Is the accused present?
Clerk of Court He is present, Your Honor.
Judge Read the decision.
Defense counsel May we pray, Your Honor, that only the decretal portion of the
decision will be read.
Judge Okay. Read only the WHEREFORE clause.
Wherefore, premises considered, this court finds the accused PETER
CHRISTIAN S. BALBUENA, guilty beyond reasonable doubt. He is
hereby sentenced to suffer under the indeterminate sentence law the
penalty of imprisonment of 2 years and 4 months and 1 day of prision
Clerk of Court
correccional as minimum to 8 years and 10 months of prision mayor
medium and maximum. The said accused is likewise directed to
indemnify the complainant the amount of P 15, 000 and as moral
damages to pay the complainant in the amount of P 50, 000 and
 exemplary damages in the amount of P 25, 000. The number of days
that said accused is under preventive detention shall be credited in
his favor.

DEFENSE EVIDENCE

The defense did not present any evidence to prove their defense. The accused waive his right
against self - incrimination.

On August 23, 2012, the prosecution orally offered their documentary and testimonial
evidence. Exhibit A and its sub markings, Exhibit B and C are admitted as prosecutions
documentary evidence.